A.M. No.

02-8-13-SC
2004 Rules on Notarial Practice

RESOLUTION
Acting on the compliance dated 05 July 2004 and
on the proposed Rules on Notarial Practice of
2004 submitted by the Sub-Committee for the
Study, Drafting and Formulation of the Rules
Governing the Appointment of Notaries Public and
the Performance and Exercise of Their Official
Functions, of the Committees on Revision of the
Rules of Court and on Legal Education and Bar
Matters, the Court Resolved to APPROVE the
proposed Rules on Notarial Practice of 2004, with
modifications, thus:
2004 RULES ON NOTARIAL PRACTICE
RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as
the 2004 Rules on Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied
and construed to advance the following purposes:
(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules
governing notaries public; and
(c) to foster ethical conduct among notaries
public
SEC. 3. Interpretation. - Unless the context of
these Rules otherwise indicates, words in the
singular include the plural, and words in the plural
include the singular.
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. Acknowledgment refers to an act in which an
individual on a single occasion:
(a) appears in person before the notary public
and presents an integrally complete instrument
or document;
(b) is attested to be personally known to the
notary public or identified by the notary public
through competent evidence of identity as
defined by these Rules; and (c) represents to the notary public that the
signature on the instrument or document was
voluntarily affixed by him for the purposes stated
in the instrument or document, declares that he
has executed the instrument or document as his
free and voluntary act and deed, and, if he acts in
a particular representative capacity, that he has
the authority to sign in that capacity.
SEC. 2. Affirmation or Oath. - The term
Affirmation or Oath refers to an act in which
an individual on a single occasion:
(a) appears in person before the notary public
(b) is personally known to the notary public or
identified by the notary public through competent
evidence of identity as defined by these Rules;

(c) avows under penalty of law to the whole truth

of the contents of the instrument or document.
SEC. 3. Commission. - Commission refers to the
grant of authority to perform notarial acts and to
the written evidence of the authority.
SEC. 4. Copy Certification. - Copy Certification
refers to a notarial act in which a notary public:
(a) is presented with an instrument or document
that is neither a vital record, a public record, nor
publicly recordable;
(b) copies or supervises the copying of the
instrument or document;
(c) compares the instrument or document with
the copy; and
(d) determines that the copy is accurate and
complete.
SEC. 5. Notarial Register. - Notarial Register
refers to a permanently bound book with
numbered pages containing a chronological
record of notarial acts performed by a notary
public.
SEC. 6. Jurat. - Jurat refers to an act in which an
individual on a single occasion:
(a) appears in person before the notary public
and presents an instrument or document;
(b) is personally known to the notary public or
identified by the notary public through competent
evidence of identity as defined by these Rules;
(c) signs the instrument or document in the
presence of the notary; and
(d) takes an oath or affirmation before the notary
public as to such instrument or document.
SEC. 7. Notarial Act and Notarization. - Notarial
Act and Notarization refer to any act that a
notary public is empowered to perform under
these Rules.
SEC. 8. Notarial Certificate. - Notarial Certificate
refers to the part of, or attachment to, a notarized
instrument or document that is completed by the
notary public, bears the notary's signature and
seal, and states the facts attested to by the
notary public in a particular notarization as
provided for by these Rules.
SEC. 9. Notary Public and Notary. - Notary
Public and Notary refer to any person
commissioned to perform official acts under these
Rules.
SEC. 10. Principal. - Principal refers to a person
appearing before the notary public whose act is
the subject of notarization
SEC. 11. Regular Place of Work or Business. - The
term regular place of work or business refers to
a stationary office in the city or province wherein
the notary public renders legal and notarial
services.
SEC. 12. Competent Evidence of Identity. - The
phrase competent evidence of identity refers to
the identification of an individual based on;
(a) at least one current identification document
issued by an official agency bearing the
photograph and signature of the individual; or

(b) the oath or affirmation of one credible

witness not privy to the instrument, document or
transaction who is personally known to the notary
public and who personally knows the individual,
or of two credible witnesses neither of whom is
privy to the instrument, document or transaction
who each personally knows the individual and
shows to the notary public documentary
identification.
SEC. 13. Official Seal or Seal. - Official seal or
Seal refers to a device for affixing a mark,
image or impression on all papers officially signed
by the notary public conforming the requisites
prescribed by these Rules.
SEC. 14. Signature Witnessing. - The term
signature witnessing refers to a notarial act in
which an individual on a single occasion:
(a) appears in person before the notary public
and presents an instrument or document;
(b) is personally known to the notary public or
identified by the notary public through competent
evidence of identity as defined by these Rules;
and chan robles virtual law library
(c) signs the instrument or document in the
presence of the notary public.
SEC. 15. Court. - Court refers to the Supreme
Court of the Philippines.
SEC. 16. Petitioner. - Petitioner refers to a
person who applies for a notarial
commission.cralaw
SEC. 17. Office of the Court Administrator. Office of the Court Administrator refers to the
Office of the Court Administrator of the Supreme
Court.cralaw
SEC. 18. Executive Judge. - Executive Judge
refers to the Executive Judge of the Regional Trial
Court of a city or province who issues a notarial
commission.cralaw
SEC. 19. Vendor. - Vendor under these Rules
refers to a seller of a notarial seal and shall
include a wholesaler or retailer.
SEC. 20. Manufacturer. - Manufacturer under
these Rules refers to one who produces a notarial
seal and shall include an engraver and seal maker
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission
may be issued by an Executive Judge to any
qualified person who submits a petition in
accordance with these Rules. chan robles virtual
law library
To be eligible for commissioning as notary public,
the petitioner:
(1) must be a citizen of the Philippines
(2) must be over twenty-one (21) years of age;
(3) must be a resident in the Philippines for at
least one (1) year and maintains a regular place
of work or business in the city or province where
the commission is to be issued
(4) must be a member of the Philippine Bar in
good standing with clearances from the Office of

the Bar Confidant of the Supreme Court and the

Integrated Bar of the Philippines; and
(5) must not have been convicted in the first
instance of any crime involving moral turpitude.
SEC. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial
commission shall be in writing, verified, and shall
include the following:
(a) a statement containing the petitioner's
personal qualifications, including the petitioner's
date of birth, residence, telephone number,
professional tax receipt, roll of attorney's number
and IBP membership number;
(b) certification of good moral character of the
petitioner by at least two (2) executive officers of
the local chapter of the Integrated Bar of the
Philippines where he is applying for commission;
(c) proof of payment for the filing of the petition
as required by these Rules; and
(d) three (3) passport-size color photographs
with light background taken within thirty (30)
days of the application. The photograph should
not be retouched. The petitioner shall sign his
name at the bottom part of the photographs.
SEC. 3. Application Fee. - Every petitioner for a
notarial commission shall pay the application fee
as prescribed in the Rules of Court.
SEC. 4. Summary Hearing on the Petition. - The
Executive Judge shall conduct a summary hearing
on the petition and shall grant the same if:
(a) the petition is sufficient in form and
substance;
(b) the petitioner proves the allegations
contained in the petition; and
(c) the petitioner establishes to the satisfaction
of the Executive Judge that he has read and fully
understood these Rules.
The Executive Judge shall forthwith issue a
commission and a Certificate of Authorization to
Purchase a Notarial Seal in favor of the petitioner
SEC. 5. Notice of Summary Hearing. (a) The notice of summary hearing shall be
published in a newspaper of general circulation in
the city or province where the hearing shall be
conducted and posted in a conspicuous place in
the offices of the Executive Judge and of the Clerk
of Court. The cost of the publication shall be
borne by the petitioner. The notice may include
more than one petitioner.
(b) The notice shall be substantially in the
following form:
NOTICE OF HEARING
Notice is hereby given that a summary
hearing on the petition for notarial
commission of (name of petitioner) shall be
held on (date) at (place) at (time). Any
person who has any cause or reason to

object to the grant of the petition may file a

verified written opposition thereto, received
by the undersigned before the date of the
summary hearing.
Executive Judge
SEC. 6. Opposition to Petition. - Any person who
has any cause or reason to object to the grant of
the petition may file a verified written opposition
thereto. The opposition must be received by the
Executive Judge before the date of the summary
hearing. chan robles virtual law library
SEC. 7. Form of Notarial Commission. - The
commissioning of a notary public shall be in a
formal order signed by the Executive Judge
substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary
public) of (regular place of work or
business) in (city or province) was on this
(date) day of (month) two thousand and
(year) commissioned by the undersigned as
a notary public, within and for the said
jurisdiction, for a term ending the thirtyfirst day of December (year) chan robles
virtual law library
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of
Authorization to Purchase a Notarial Seal. - The
Certificate of Authorization to Purchase a Notarial
Seal shall be valid for a period of three (3)
months from date of issue, unless extended by
the Executive Judge.
A mark, image or impression of the seal that may
be purchased by the notary public pursuant to
the Certificate shall be presented to the Executive
Judge for approval prior to use.cralaw
SEC. 9. Form of Certificate of Authorization to
Purchase a Notarial Seal. - The Certificate of
Authorization to Purchase a Notarial Seal shall
substantially be in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL This is to
authorize (name of notary public) of (city or
province) who was commissioned by the
undersigned as a notary public, within and
for the said jurisdiction, for a term ending,
the thirty-first of December (year) to
purchase a notarial seal.
Issued this (day) of (month) (year).
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every
person commissioned as notary public shall have

only one official seal of office in accordance with

these Rules.
SEC. 11. Jurisdiction and Term. - A person
commissioned as notary public may perform
notarial acts in any place within the territorial
jurisdiction of the commissioning court for a
period of two (2) years commencing the first day
of January of the year in which the commissioning
is made, unless earlier revoked or the notary
public has resigned under these Rules and the
Rules of Court.
SEC. 12. Register of Notaries Public. - The
Executive Judge shall keep and maintain a
Register of Notaries Public in his jurisdiction which
shall contain, among others, the dates of
issuance or revocation or suspension of notarial
commissions, and the resignation or death of
notaries public. The Executive Judge shall furnish
the Office of the Court Administrator information
and data recorded in the register of notaries
public. The Office of the Court Administrator shall
keep a permanent, complete and updated
database of such records. SEC. 13. Renewal of
Commission. - A notary public may file a written
application with the Executive Judge for the
renewal of his commission within forty-five (45)
days before the expiration thereof. A mark, image
or impression of the seal of the notary public shall
be attached to the application.cralaw
Failure to file said application will result in the
deletion of the name of the notary public in the
register of notaries public.cralaw
The notary public thus removed from the Register
of Notaries Public may only be reinstated therein
after he is issued a new commission in
accordance with these Rules.
SEC. 14. Action on Application for Renewal of
Commission. - The Executive Judge shall, upon
payment of the application fee mentioned in
Section 3 above of this Rule, act on an application
for the renewal of a commission within thirty (30)
days from receipt thereof. If the application is
denied, the Executive Judge shall state the
reasons therefor.cralaw
RULE IV
POWERS AND LIMITATIONS OF NOTARIES
PUBLIC
SECTION 1. Powers. - (a) A notary public is
empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the
affixing of a signature by thumb or other mark on
an instrument or document presented for
notarization if:
(1) the thumb or other mark is affixed in the
presence of the notary public and of two (2)

disinterested and unaffected witnesses to the

instrument or document;
(2) both witnesses sign their own names in
addition to the thumb or other mark;
(3) the notary public writes below the thumb or
other mark: "Thumb or Other Mark affixed by
(name of signatory by mark) in the presence of
(names and addresses of witnesses) and
undersigned notary public"; and
(4) the notary public notarizes the signature by
thumb or other mark through an
acknowledgment, jurat, or signature witnessing.
(c) A notary public is authorized to sign on behalf
of a person who is physically unable to sign or
make a mark on an instrument or document if:
(1) the notary public is directed by the person
unable to sign or make a mark to sign on his
behalf;
(2) the signature of the notary public is affixed in
the presence of two disinterested and unaffected
witnesses to the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature:
Signature affixed by notary in presence of
(names and addresses of person and two [2]
witnesses); and
(5) the notary public notarizes his signature by
acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall not
perform a notarial act outside his regular place of
work or business; provided, however, that on
certain exceptional occasions or situations, a
notarial act may be performed at the request of
the parties in the following sites located within his
territorial jurisdiction:
(1) public offices, convention halls, and similar
places where oaths of office may be
administered;
(2) public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
(3) hospitals and other medical institutions
where a party to an instrument or document is
confined for treatment; and
(4) any place where a party to an instrument or
document requiring notarization is under
detention.
(b) A person shall not perform a notarial act if the
person involved as signatory to the instrument or
document (1) is not in the notary's presence personally at
the time of the notarization; and
(2) is not personally known to the notary public
or otherwise identified by the notary public
through competent evidence of identity as
defined by these Rules.
SEC. 3. Disqualifications. - A notary public is
disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that
is to be notarized;
(b) will receive, as a direct or indirect result, any

commission, fee, advantage, right, title, interest,

cash, property, or other consideration, except as
provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or
consanguinity of the principal within the fourth
civil degree.
SEC. 4. Refusal to Notarize. - A notary public shall
not perform any notarial act described in these
Rules for any person requesting such an act even
if he tenders the appropriate fee specified by
these Rules if:
(a) the notary knows or has good reason to
believe that the notarial act or transaction is
unlawful or immoral;
(b) the signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the former's knowledge of
the consequences of the transaction requiring a
notarial act; and
(c) in the notary's judgment, the signatory is not
acting of his or her own free will.
SEC. 5. False or Incomplete Certificate. - A notary
public shall not:
(a) execute a certificate containing information
known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial
certificate that is incomplete.
SEC. 6. Improper Instruments or Documents. - A
notary public shall not notarize:
(a) a blank or incomplete instrument or
document; or
(b) an instrument or document without
appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For
performing a notarial act, a notary public may
charge the maximum fee as prescribed by the
Supreme Court unless he waives the fee in whole
or in part.
SEC. 2. Travel Fees and Expenses. - A notary
public may charge travel fees and expenses
separate and apart from the notarial fees
prescribed in the preceding section when
traveling to perform a notarial act if the notary
public and the person requesting the notarial act
agree prior to the travel.cralaw
SEC. 3. Prohibited Fees. No fee or compensation
of any kind, except those expressly prescribed
and allowed herein, shall be collected or received
for any notarial service.cralaw
SEC. 4. Payment or Refund of Fees. - A notary
public shall not require payment of any fees
specified herein prior to the performance of a
notarial act unless otherwise agreed upon.
Any travel fees and expenses paid to a notary
public prior to the performance of a notarial act
are not subject to refund if the notary public had

already traveled but failed to complete in whole

or in part the notarial act for reasons beyond his
control and without negligence on his part.cralaw
SEC. 5. Notice of Fees. - A notary public who
charges a fee for notarial services shall issue a
receipt registered with the Bureau of Internal
Revenue and keep a journal of notarial fees. He
shall enter in the journal all fees charged for
services rendered.
A notary public shall post in a conspicuous place
in his office a complete schedule of chargeable
notarial fees.cralaw
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A
notary public shall keep, maintain, protect and
provide for lawful inspection as provided in these
Rules, a chronological official notarial register of
notarial acts consisting of a permanently bound
book with numbered pages.
The register shall be kept in books to be furnished
by the Solicitor General to any notary public upon
request and upon payment of the cost thereof.
The register shall be duly paged, and on the first
page, the Solicitor General shall certify the
number of pages of which the book
consists.cralaw
For purposes of this provision, a Memorandum of
Agreement or Understanding may be entered into
by the Office of the Solicitor General and the
Office of the Court Administrator.
(b) A notary public shall keep only one active
notarial register at any given time.cralaw
SEC. 2. Entries in the Notarial Register. - (a) For
every notarial act, the notary shall record in the
notarial register at the time of notarization the
following:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument,
document or proceeding;
(5) the name and address of each principal
(6) the competent evidence of identity as defined
by these Rules if the signatory is not
personally known to the notary;
(7) the name and address of each credible
witness swearing to or affirming the person's
identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was
performed if not in the notary's regular place of
work or business; and
(10) any other circumstance the notary public
may deem of significance or relevance.
(b) A notary public shall record in the notarial
register the reasons and circumstances for not
completing a notarial act.
(c) A notary public shall record in the notarial
register the circumstances of any request to
inspect or copy an entry in the notarial register,

including the requester's name, address,

signature, thumbmark or other recognized
identifier, and evidence of identity. The reasons
for refusal to allow inspection or copying of a
journal entry shall also be recorded.cralaw
(d) When the instrument or document is a
contract, the notary public shall keep an original
copy thereof as part of his records and enter in
said records a brief description of the substance
thereof and shall give to each entry a consecutive
number, beginning with number one in each
calendar year. He shall also retain a duplicate
original copy for the Clerk of Court.cralaw
(e) The notary public shall give to each
instrument or document executed, sworn to, or
acknowledged before him a number
corresponding to the one in his register, and shall
also state on the instrument or document the
page/s of his register on which the same is
recorded. No blank line shall be left between
entries.cralaw
(f) In case of a protest of any draft, bill of
exchange or promissory note, the notary public
shall make a full and true record of all
proceedings in relation thereto and shall note
therein whether the demand for the sum of
money was made, by whom, when, and where;
whether he presented such draft, bill or note;
whether notices were given, to whom and in what
manner; where the same was made, when and to
whom and where directed; and of every other fact
touching the same.cralaw
(g) At the end of each week, the notary public
shall certify in his notarial register the number of
instruments or documents executed, sworn to,
acknowledged, or protested before him; or if
none, this certificate shall show this fact.cralaw
(h) A certified copy of each month's entries and a
duplicate original copy of any instrument
acknowledged before the notary public shall,
within the first ten (10) days of the month
following, be forwarded to the Clerk of Court and
shall be under the responsibility of such officer. If
there is no entry to certify for the month, the
notary shall forward a statement to this effect in
lieu of certified copies herein required.cralaw
SEC. 3. Signatures and Thumbmarks. - At the time
of notarization, the notary's notarial register shall
be signed or a thumb or other mark affixed by
each:
(a) principal;
(b) credible witness swearing or affirming to the
identity of a principal; and
(c) witness to a signature by thumb or other
mark, or to a signing by the notary public on
behalf of a person physically unable to sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In
the notary's presence, any person may inspect an
entry in the notarial register, during regular
business hours, provided;

(1) the person's identity is personally known to

the notary public or proven through competent
evidence of identity as defined in these Rules;
(2) the person affixes a signature and thumb or
other mark or other recognized identifier, in the
notarial register in a separate, dated entry;
(3) the person specifies the month, year, type of
instrument or document, and name of the
principal in the notarial act or acts sought; and
(4) the person is shown only the entry or entries
specified by him.
(b) The notarial register may be examined by a
law enforcement officer in the course of an official
investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to
believe that a person has a criminal intent or
wrongful motive in requesting information from
the notarial register, the notary shall deny access
to any entry or entries therein.cralaw
SEC. 5. Loss, Destruction or Damage of Notarial
Register. - (a) In case the notarial register is
stolen, lost, destroyed, damaged, or otherwise
rendered unusable or illegible as a record of
notarial acts, the notary public shall, within ten
(10) days after informing the appropriate law
enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any
means providing a proper receipt or
acknowledgment, including registered mail and
also provide a copy or number of any pertinent
police report.cralaw
(b) Upon revocation or expiration of a notarial
commission, or death of the notary public, the
notarial register and notarial records shall
immediately be delivered to the office of the
Executive Judge.cralaw
SEC. 6. Issuance of Certified True Copies. - The
notary public shall supply a certified true copy of
the notarial record, or any part thereof, to any
person applying for such copy upon payment of
the legal fees.cralaw
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. In notarizing a
paper instrument or document, a notary public
shall:
(a) sign by hand on the notarial certificate only
the name indicated and as appearing on the
notary's commission; chan robles virtual law
library
(b) not sign using a facsimile stamp or printing
device; and
(c) affix his official signature only at the time the
notarial act is performed.
SEC. 2. Official Seal. - (a) Every person
commissioned as notary public shall have a seal
of office, to be procured at his own expense,
which shall not be possessed or owned by any
other person. It shall be of metal, circular in
shape, two inches in diameter, and shall have the

name of the city or province and the word

Philippines and his own name on the margin
and the roll of attorney's number on the face
thereof, with the words "notary public" across the
center. A mark, image or impression of such seal
shall be made directly on the paper or parchment
on which the writing appears.
(b) The official seal shall be affixed only at the
time the notarial act is performed and shall be
clearly impressed by the notary public on every
page of the instrument or document notarized.
(c) When not in use, the official seal shall be kept
safe and secure and shall be accessible only to
the notary public or the person duly authorized
by him
(d) Within five (5) days after the official seal of a
notary public is stolen, lost, damaged or other
otherwise rendered unserviceable in affixing a
legible image, the notary public, after informing
the appropriate law enforcement agency, shall
notify the Executive Judge in writing, providing
proper receipt or acknowledgment, including
registered mail, and in the event of a crime
committed, provide a copy or entry number of the
appropriate police record. Upon receipt of such
notice, if found in order by the Executive Judge,
the latter shall order the notary public to cause
notice of such loss or damage to be published,
once a week for three (3) consecutive weeks, in a
newspaper of general circulation in the city or
province where the notary public is
commissioned. Thereafter, the Executive Judge
shall issue to the notary public a new Certificate
of Authorization to Purchase a Notarial
Seal.cralaw
(e) Within five (5) days after the death or
resignation of the notary public, or the revocation
or expiration of a notarial commission, the official
seal shall be surrendered to the Executive Judge
and shall be destroyed or defaced in public during
office hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it
shall be delivered by the notary public to the
Executive Judge to be disposed of in accordance
with this section. Failure to effect such surrender
shall constitute contempt of court. In the event of
death of the notary public, the person in
possession of the official seal shall have the duty
to surrender it to the Executive Judge.cralaw
SEC. 3. Seal Image. - The notary public shall affix
a single, clear, legible, permanent, and
photographically reproducible mark, image or
impression of the official seal beside his signature
on the notarial certificate of a paper instrument
or document.cralaw
SEC. 4. Obtaining and Providing Seal. - (a) A
vendor or manufacturer of notarial seals may not
sell said product without a written authorization
from the Executive Judge.cralaw
(b) Upon written application and after payment of
the application fee, the Executive Judge may

issue an authorization to sell to a vendor or

manufacturer of notarial seals after verification
and investigation of the latter's qualifications. The
Executive Judge shall charge an authorization fee
in the amount of PhP 4,000 for the vendor and
PhP 8,000 for the manufacturer. If a manufacturer
is also a vendor, he shall only pay the
manufacturer's authorization fee.cralaw
(c) The authorization shall be in effect for a period
of four (4) years from the date of its issuance and
may be renewed by the Executive Judge for a
similar period upon payment of the authorization
fee mentioned in the preceding paragraph.cralaw
(d) A vendor or manufacturer shall not sell a seal
to a buyer except upon submission of a certified
copy of the commission and the Certificate of
Authorization to Purchase a Notarial Seal issued
by the Executive Judge. A notary public obtaining
a new seal as a result of change of name shall
present to the vendor or manufacturer a certified
copy of the Confirmation of the Change of Name
issued by the Executive Judge.cralaw
(e) Only one seal may be sold by a vendor or
manufacturer for each Certificate of Authorization
to Purchase a Notarial Seal.cralaw
(f) After the sale, the vendor or manufacturer
shall affix a mark, image or impression of the seal
to the Certificate of Authorization to Purchase a
Notarial Seal and submit the completed
Certificate to the Executive Judge. Copies of the
Certificate of Authorization to Purchase a Notarial
Seal and the buyer's commission shall be kept in
the files of the vendor or manufacturer for four
(4) years after the sale.cralaw
(g) A notary public obtaining a new seal as a
result of change of name shall present to the
vendor a certified copy of the order confirming
the change of name issued by the Executive
Judge.cralaw
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The
notarial form used for any notarial instrument or
document shall conform to all the requisites
prescribed herein, the Rules of Court and all other
provisions of issuances by the Supreme Court and
in applicable laws. chan robles virtual law library
SEC. 2. Contents of the Concluding Part of the
Notarial Certificate. The notarial certificate shall
include the following:
(a) the name of the notary public as exactly
indicated in the commission;
(b) the serial number of the commission of the
notary public;
(c) the words "Notary Public" and the province or
city where the notary public is commissioned, the
expiration date of the commission, the office
address of the notary public; and
(d) the roll of attorney's number, the professional
tax receipt number and the place and date of

issuance thereof, and the IBP membership

number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES
PUBLIC
SECTION 1. Certificate of Authority for a Notarial
Act. - A certificate of authority evidencing the
authenticity of the official seal and signature of a
notary public shall be issued by the Executive
Judge upon request in substantially the following
form:
CERTIFICATE OF AUTHORITY FOR A
NOTARIAL ACT
I, (name, title, jurisdiction of the Executive
Judge), certify that (name of notary public),
the person named in the seal and signature
on the attached document, is a Notary
Public in and for the
(City/Municipality/Province) of the Republic
of the Philippines and authorized to act as
such at the time of the document's
notarization.
IN WITNESS WHEREOF, I have affixed below
my signature and seal of this office this
(date) day of (month) (year).
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. Within ten (10) days after the change of name of
the notary public by court order or by marriage,
or after ceasing to maintain the regular place of
work or business, the notary public shall submit a
signed and dated notice of such fact to the
Executive Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a
confirmation of the new name of the notary
public and/or change of regular place of work or
business; and
(b) a new seal bearing the new name has been
obtained.
The foregoing notwithstanding, until the
aforementioned steps have been completed, the
notary public may continue to use the former
name or regular place of work or business in
performing notarial acts for three (3) months from
the date of the change, which may be extended
once for valid and just cause by the Executive
Judge for another period not exceeding three (3)
months.
SEC. 2. Resignation. - A notary public may resign
his commission by personally submitting a
written, dated and signed formal notice to the
Executive Judge together with his notarial seal,
notarial register and records. Effective from the

date indicated in the notice, he shall immediately

cease to perform notarial acts. In the event of his
incapacity to personally appear, the submission
of the notice may be performed by his duly
authorized representative.cralaw
SEC. 3. Publication of Resignation. - The Executive
Judge shall immediately order the Clerk of Court
to post in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have resigned their
notarial commissions and the effective dates of
their resignation.cralaw
RULE XI
REVOCATION OF COMMISSION AND
DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative
Sanctions. - (a) The Executive Judge shall revoke
a notarial commission for any ground on which an
application for a commission may be denied.
(b) In addition, the Executive Judge may revoke
the commission of, or impose appropriate
administrative sanctions upon, any notary public
who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his
notarial register concerning his notarial acts;
(3) fails to send the copy of the entries to the
Executive Judge within the first ten (10) days of
the month following;
(4) fails to affix to acknowledgments the date of
expiration of his commission;
(5) fails to submit his notarial register, when
filled, to the Executive Judge;
(6) fails to make his report, within a reasonable
time, to the Executive Judge concerning the
performance of his duties, as may be required by
the judge;
(7) fails to require the presence of a principal at
the time of the notarial act;
(8) fails to identify a principal on the basis of
personal knowledge or competent evidence;
(9) executes a false or incomplete certificate
under Section 5, Rule IV;
(10) knowingly performs or fails to perform any
other act prohibited or mandated by these Rules;
and
(11) commits any other dereliction or act which
in the judgment of the Executive Judge
constitutes good cause for revocation of
commission or imposition of administrative
sanction.
(c) Upon verified complaint by an interested,
affected or aggrieved person, the notary public
shall be required to file a verified answer to the
complaint. If the answer of the notary public is
not satisfactory, the Executive Judge shall
conduct a summary hearing. If the allegations of
the complaint are not proven, the complaint shall
be dismissed. If the charges are duly established,
the Executive Judge shall impose the appropriate
administrative sanctions. In either case, the

aggrieved party may appeal the decision to the

Supreme Court for review. Pending the appeal, an
order imposing disciplinary sanctions shall be
immediately executory, unless otherwise ordered
by the Supreme Court.
(d) The Executive Judge may motu proprio initiate
administrative proceedings against a notary
public, subject to the procedures prescribed in
paragraph (c) above and impose the appropriate
administrative sanctions on the grounds
mentioned in the preceding paragraphs (a) and
(b).cralaw
SEC. 2. Supervision and Monitoring of Notaries
Public. - The Executive Judge shall at all times
exercise supervision over notaries public and
shall closely monitor their activities
SEC. 3. Publication of Revocations and
Administrative Sanctions. - The Executive Judge
shall immediately order the Clerk of Court to post
in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have been
administratively sanctioned or whose notarial
commissions have been revoked.cralaw
SEC. 4. Death of Notary Public. - If a notary public
dies before fulfilling the obligations in Section
4(e), Rule VI and Section 2(e), Rule VII, the
Executive Judge, upon being notified of such
death, shall forthwith cause compliance with the
provisions of these sections.
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive
Judge shall cause the prosecution of any person
who:
(a) knowingly acts or otherwise impersonates a
notary public;
(b) knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public; and
(c) knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
SEC 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit semestral
reports to the Supreme Court on discipline and
prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or
accordingly modified.
SEC. 2. Effective Date. - These Rules shall take
effect on the first day of August 2004, and shall
be published in a newspaper of general
circulation in the Philippines which provides
sufficiently wide circulation.
Promulgated this 6th day of July, 2004.
Davide, Jr. C.J., Puno, Vitug, Panganiban,
Quisumbing, Ynarez-Santiago, SandovalGutierrez, Carpio, Austria-Martinez, Corona,

Carpio-Morales, Callejo, Sr., Azcuna and

Tinga, JJ.cralaw